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While on Monday marks the end of a 90-day period since a Mumbai special court discharged BJP chief Amit Shah in the Sohrabuddin Sheikh and Tusliram Prajapati fake encounter cases, the CBI has chosen not to appeal against the order yet.
While sources said the CBI was unlikely to appeal against the December 30 order as it feels there is no new evidence to present, lawyers in Mumbai representing families of the deceased said they would file an appeal against the court’s order.
“We’ll file an appeal against the order, but I can’t say when we will do so,” said lawyer Vijay Hiremath, who represents Sohrabuddin’s brother Rubabuddin Sheikh.
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“Although 90 days from the day the order was pronounced lapses on Monday, the 90-day period to appeal against it starts from the day a copy of the order was made available. In this case, the order was made available a week after it was pronounced. Even if there is a delay and the appeal is not filed in 90 days, the court can condone the delay in some situations. Nevertheless, we fill file an appeal against the order soon,” said lawyer Anubha Rastogi, who is assisting Hiremath.
When approached for comments, a CBI spokesperson said, “The matter is under examination.’’ However, sources said it was unlikely that the agency would file an appeal.
The Sohrabuddin and Prajapati cases were clubbed and transferred from an Ahmedabad court to the Mumbai court in 2012 following a Supreme Court order.
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